Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
III. _The Assizes in 1215._ The petty assizes, when invented by Henry
II., were resented bitterly as innovations; but public opinion, half a
century later, had abundantly vindicated the wisdom of this part of his
reforms. The insurgent barons in 1215 were far from demanding their
abolition; their new grievance was rather that sessions of the justices
of assize were not held often enough. They prescribed the way in which
these assizes, now grown so popular, were to be held, and several points
were specially emphasized. (1) No inquiry of the kind was to be held
elsewhere than in the county where the property was situated. Justice
was in such cases to be brought to every landowner’s door, although
pleas of the Crown might still follow the king, and ordinary common
pleas had to be taken to Westminster. This was intended to save expense
and to meet the convenience of litigants, of those who served on
assizes, and of all concerned.[564] Within two years, however, it was
seen that this provision went too far. It was more convenient to hold
certain inquiries before the Bench at Westminster than in the particular
locality. The reissue of 1217 therefore made two important
modifications: (_a_) All assizes of darrein presentment were thereafter
to be taken before “the Justices of the Bench.” (_b_) Any assize of
novel disseisin or of mort d’ancestor revealing points of special
difficulty, might also be reserved for the decision of the Bench. An
element of uncertainty was thus introduced, of which the Crown took
advantage. In a reported case of the year 1221 it was decided that an
assize of mort d’ancestor should be held in its own county, not at
Westminster.[565]
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Footnote 564:
Thus two successive chapters of Magna Carta emphasize two divergent
tendencies: c. 17 had demanded that “common pleas” should all be held
at Westminster, while c. 18 demands that “assizes” should _not_ be
taken there. In both cases, the object was to consult the convenience
of litigants.
Footnote 565:
See Bracton’s _Note Book_, case No. 1478; a case also cited by Coke
(_Second Institute, proem._). If this assize had presented points of
special difficulty it might have been held at Westminster without
violating Magna Carta.
-----
(2) John’s Charter further insists on quarterly circuits of Justices of
Assize; so that litigants in every county of England might have four
opportunities each year of having their disputes amicably settled. Such
excessive frequency was quite uncalled for, and involved unnecessary
expense on the king, and an amount of labour on his officers out of all
proportion to the good effected. The Charter of 1217, accordingly,
provided that a circuit should be made only once a year. In 1285,
however, it was enacted that they might be held three times a year, but
not oftener.[566]
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Footnote 566:
13 Edward I. c. 30. Stephen, _History of Criminal Law_, 105–7, gives
further details.
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Public-domain text, read in full here on John Shaqi.
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